Explanation
BACKGROUND: This legislation authorizes the transfer of $70,512 from the Special Income Tax Fund (SIT), authorizes the subsequent transfer and appropriation of $70,512 from the SIT to the Voted 1995 and 1999 Street Lighting and Electricity Distribution Improvements Fund, and authorizes the Director of Public Utilities to enter into a contract for professional services to develop a plan for Spill Prevention Control and Countermeasures (SPCC).
The United States Environmental Protection Agency (USEPA) has mandated by change to the Clean Water Act of 1974, that electrical transformers, formerly exempt, now fall under this requirement (Federal Regulations, Title 40, Part 112, Oil Pollution Prevention). A plan for SPCC must be developed by August 17, 2004 and implemented by February 18, 2005 in order to avoid potential fines of up to $25,000 per day. The implementation would require modifications to existing substations and storage sites, including the installation of curbs, concrete foundations, PVC ducts and containment vessels as necessary to comply with EPA requirements.
The Division of Electricity advertised a Request for Statement of Qualifications (RFSQ) in the City Bulletin and received eight responses. The three most qualified consultants were asked to submit a not-to-exceed cost for engineering services to prepare an SPCC design and plan for the Division of Electricity. The proposals have been reviewed and an award is recommended to Stone Environmental Engineering and Science, Inc., in the amount of $70,512.00, as the most responsive and responsible bid received. The other bids received were from Greshan Smith and Partners in the amount of $114,990.00 and Civil and Environmental Consultants, Inc. in the amount of $293,0600.00.
When the Request for Statement of Qualifications was first advertised, it was estimated that the cost would be under $50,000.00, therefore, the Division of Electricity followed procedures of Columbus City Codes, Section 329.11. Since the cost of this service will exceed $50,000.00, it is requested that the provisions for awarding professional service contracts, Section 329.13, be waived in order to award this contract. All procedures of the section were followed except the prior notification to City Council. City Council has since been notified.
The contract compliance number for Stone Environmental Engineering and Science, Inc. is 311262683.
Emergency action is requested in order to meet the USEPA mandated completion date to implement the plan.
FISCAL IMPACT:
This ordinance certifies funding from the Special Income Tax (SIT) fund as a temporary measure until the next bond sale occurs, at which point the SIT will be reimbursed.
Title
To authorize and direct the City Auditor to transfer $70,512 from the Special Income Tax Fund to the Voted 1995 and 1999 Street Lighting and Electricity Distribution Improvements Fund; to authorize the appropriation of said funds; to authorize the Director of Public Utilities to enter into a contract with Stone Environmental Engineering and Science, Inc. to provide professional engineering services to prepare a Spill Prevention, Control and Countermeasures (SPCC) design and plan for the Division of Electricity; to waive provisions of Columbus City Codes for awarding professional service contracts; to authorize the expenditure of $70,512.00 from the Voted Street Lighting and Electricity Distribution Improvements Fund; and to declare an emergency. ($70,512.00)
Body
WHEREAS, the United States Environmental Protection Agency (USEPA) has mandated by change to the Clean Water Act of 1974 the requirement that electrical transformers fall under this requirement; and
WHEREAS, a transfer of funds from the Special Income Tax Fund is necessary to provide funding for engineering services to prepare an SPCC design and plan; and
WHEREAS, the City will sell notes or bonds to fund this project and will reimburse the Special Income Tax Fund; and
WHEREAS, the aggregate principal amount of obligations which the City will issue to finance this purchase is presently expected not to exceed $70,512.00; and
WHEREAS, the Division of Electricity advertised a Request for Statement of Qualifications (RFSQ) in the City Bulletin for consulting services and received eight responses; and
WHEREAS, the three most qualified consultants submitted a not-to-exceed cost for engineering services to prepare an SPCC design and plan for the Division of Electricity; and
WHEREAS, an award is recommended to Stone Environmental Engineering and Science, Inc., in the amount of $70,512.00, as the lowest responsive and responsible bid received; and
WHEREAS, the cost of this service was originally estimated to be less than $50,000.00, the Division of Electricity used the process as prescribed in Columbus City Codes for awarding professional services not exceeding fifty thousand dollars; and
WHEREAS, the cost will exceed fifty thousand dollars it is necessary to waive the provisions of Columbus City Codes for awarding professional services contracts exceeding fifty thousand dollars; and
WHEREAS, emergency action is necessary to comply with the USEPA mandated completion date for the implementation of the Spill Prevention Control and Countermeasures to avoid potential fines; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Electricity, in that it is immediately necessary to enter into a contract with Stone Environmental Engineering and Science, Inc. for professional services to prepare an SPCC design and plan for the immediate preservation of the public health, peace, property, safety and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the sum of $70,512 be and is hereby appropriated from the unappropriated balance of the Special Income Tax Fund, Fund 430, and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2004 to the City Auditor, Department 22-01, Object Level One 10, OCA Code 902023, Object Level Three 5502.
SECTION 2. That the City Auditor is hereby authorized to transfer said funds to the Voted 1995 and 1999 Street Lighting and Electricity Distribution Improvements Fund 553 at such time as is deemed necessary by the City Auditor, and to expend said funds, or so much thereof as may be necessary.
SECTION 3. That the amount of $70,512 is hereby transferred and appropriated to the Division of Electricity 60-07, Voted 1995 and 1999 Street Lighting and Electricity Distribution Improvements Fund 553, Federal Mandated Prevention Program Project 670619, OCA Code 670619, Object Level Three 6621.
SECTION 4. That the Director of Public Utilities is hereby authorized to enter into a contract with Stone Environmental Engineering and Science, Inc., in the amount of $70,512.00, to provide professional engineering services to prepare an SPCC design and plan for the Division of Electricity.
SECTION 5. That in accordance with Section 329.27 of the Columbus City Code, this Council finds the best interest of the City is served by waiving, and does hereby waive Section 329.13, Awarding professional service contracts through requests for statements of qualifications.
SECTION 6. That to pay the cost of the aforesaid contract, the expenditure of $70,512.00, or so much thereof as may be needed, be and is hereby authorized from the Voted 1995 and 1999 Street Lighting and Electricity Distribution Improvements Fund 553, Division No. 60-07, Federal Mandated Oil Spill Prevention Project Number 670619, OCA 670619, Object Level Three 6621.
SECTION 7. That upon obtaining other funds for the Spill Prevention, Controls and Countermeasures project, the City Auditor is hereby authorized and directed to repay the Special Income Tax Fund the amount transferred under Section 2, above, and said funds are hereby deemed appropriated for such purpose.
SECTION 8. That the City Auditor is authorized to establish proper accounting project numbers, and to make any accounting changes to revise the funding source for any contract or contract modification associated with the expenditure of funds transferred in Section 2, above.
SECTION 9. The City intends that this ordinance constitute an "official intent" for purposes of Section 1.150-2(e) of the Treasury Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended.
SECTION 10. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.